High Court Rulings


Allows writ; Undue delay in judgment delivery after hearing prejudicial to litigant 

HC sets aside Adjudicating Authority's order passed after 9 months from conclusion of personal hearing, being prejudicial to assessee; Central Excise Authorities obligated to dispose off proceedings e...View More

Terminal excise refund available against "Deemed Exports"; CENVAT refund an independent regime 

Supply of goods to Export Oriented Unit qualifies as 'deemed export', Terminal Excise Duty (TED) refund available as per Para 8.3 r/w Para 8.4 of FTP 2009-14; Such refund covered by second part of par...View More

Declares 'ultra vires' application of Duty Drawback Rules for FTP deemed exports 

HC strikes down Para 8.3.6 of FTP 2009-14 Handbook of Procedures v.1 (HoP) and Para 7 declaration under Form ANF-8 as “ultra vires” the Foreign Trade (Development & Regulations) Act (F...View More

CENVAT Credit Rules' penalty provision not ultra-vires of Act; Rule 15 valid 

HC upholds "vires" of Rule 15(2) of CENVAT Credit Rules, 2004 imposing penalty on wrong credit availment / utilisation with duty evasion intention, in terms of Sec 11AC of Central Excise Act (Act); Ce...View More

Reverses CESTAT order; Interest leviable on wrongly availed credit despite non-utilisation 

HC reverses CESTAT order, interest leviable on wrongly availed input credit despite non-utilisation, under Rule 14 of CENVAT Credit Rules r/w Sec 11AB of Central Excise Act; Rejects assessee’s a...View More

Goods partly consumed captively taxable at 'transaction value'; Relies on Ispat ratio 

Where goods partly sold to independent buyers and partly consumed captively, assessable value of captively consumed goods shall be ‘Transaction Value’; Rule 8 r/w Rule 9 of Valuation Rules...View More

Absent speaking order, Tribunal can't direct pre-deposit already waived by Appellate Commissioner 

Tribunal can order pre-deposit while remanding proceedings despite dispensation of such requirement by Commissioner (Appeals); Sec. 35C of Central Excise Act empowers Tribunal to confirm / modify / an...View More

Partially waives pre-deposit; Can't tell aggrieved party 'pay entire amount or perish' 

HC grants partial waiver of pre-deposit, Tribunal must show indulgence while waiving pre-deposit, where subject matter of appeal results from re-opening of past years’ assessments / involves und...View More

Denounces CESTAT's appeal dismissal on pre-deposit; Directs reasonable time for obtaining orders 

Bombay HC denounces Mumbai Tribunal for dismissing appeal on grounds of non-compliance of pre-deposit order, where appeal already pending before HC; Where Tribunal grants partial dispensation of pre-d...View More

Pre-June 2007, infrastructural facilities to retail concessionaires prima facie classifiable as 'BSS' 

Providing infrastructural facilities to various concessionaires in retail store by assessee (Shoppers Stop), prima facie classifiable under Business Support Services (BSS), before introduction of &lsq...View More